Marriages gone wrong ...

How often do we want to look at divorce, when starting out together? How many of us take pause and think for a moment of the practicalities before we decide on a marriage regime?

The fact is that many marriages fail and an antenuptial contract is the best means of making sure that the assets are divided equally between the spouses.

So often I am asked to draft a antenuptial contract, with accrual but to record the start values as zero. This is a very simple way of making a marriage out of community have the same end effect as a marriage in community of property. This all sounds great at the outset, but many time sometime years, even months down the line, I remind the couple of the consequences of their decisions, which now seem so much more real, now that the spectre of divorce has materialised.

Now, the couple need to realise that in spite of their marriage being out of community of property, the accrual with zero start values translates into the same effects as in community of property.

This often let's one of the parties feel cheated,which is usually the one who contributed the most.

When entering into an antenuptial contract and make sure you know that your decision will have far reaching consequences.

Christmas and Marriages

Christmas is a special time of the year. In Port Elizabeth it is no different with Christmas almost here, along with the holidays and special time with those we love. It is therefore not strange that at this special time of the year many loving couples look to formalise their commitment to each other, by getting married.
With this decision, one also needs to look at the very important need of making sure that when you get married, that this loving commitment does not become a mill stone around your necks; all because you did not do your homework. In modern South Africa getting married, should in my opinion always be preceded by executing a antenuptial contract, also known as a marriage contract or in the US as a "prenup".

Contrary to many peoples' perceptions having a antenuptial contract is not anticipating divorce. Let me just look at this objection for a moment. An antenuptial contract looks at the situation where the marriage is ended; this may be through death which eventually befalls us all and is a very real consequence of being alive. In the event of divorce, we need to consider that many marriages end in divorce for various reasons. The fact is that whether or by divorce or certainly by divorce; all marriages end. This is not being cynical, this is fact.
In the modern contest, being married in community of property is not just inconvenient; is downright dangerous. So often people who initially decided to get married in community of property; later decide to change to out of community of property. This is an extremely expensive step, relative to the relatively inexpensive step of registering a antenuptial contract; in addition post nuptial registration requires all you creditors to be give notice; which can be difficult when you have built up a business.
In December the month when traditionally there are the greatest number of weddings it is important to make sure that you enter your marriage with the best chances for success.